• My husband cheated me

In 2003 my husband asked me to hand over the money which I got from selling the share of land in my parents home saying that he is purchasing land and he will make me partner of the newly purchased land but it never happened. He purchased the whole land in his on name. But I never take action thinking that his property will be finally benefit my children. In the same land I used my money in building paccka house but now he sold 58% of the land  to other people and now 42 % is still in his name. Presently I am living in the same house with my children.  He is 60 Years old now,He is doing all these to marry a girl with less age. I have all documents of land which I sold to build my home. Can I claim my TITLE on the rest left land? .. The person who purchased his land never purchased the home which is on this land?? .. Can I take legal step ?? ..Please help
Asked 11 months ago in Property Law from Katihar, Bihar
Religion: Muslim
1) you  can file suit for declaration that you are the owner of land as it has been brought from the sale proceeds of land sold by you . 

2) also seek an injunction restraining your husband from selling the   said  land 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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1) i have told you to file civil suit for declaratory reliefs that you are the owner of land as full consideration has been paid by you 

2) no criminal case is made out . your husband has not committed offence  of cheating as you handed over money to your husband for purchase of land 

3) further for period of 13 years you have remained silent . if you had been cheated by your husband you should have taken immediate steps and not waited for 13 years 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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Hello,
1) You can first of all get an injunction against your husband from the court against alienation of the property that is not sold.

2) Secondly you can file  a DV case against your husband under provisions of Protection of Women against Domestic Violence. In this petition you can seek protection from the court against your husband, compensation fit all tortures, maintenance for you and children and residence and above all prevent him from selling land any further.

3) Being a Muslim he may marry. If that happens demand the return of money you have given or get the rest of the land transferred in your name.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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You cannot claim title unless you can prove that the property was purchased from funds given by you to your husband. Neither a criminal case for cheating and breach of trust nor a civil case for recovery of money will be maintainable except if you have documentary evidence to prove the remittance of consideration to your husband. You can read all the sections of IPC but if you do not have the requisite degree of evidence to prove his culpability the sections will not help you.
Ashish Davessar
Advocate, Jaipur
18205 Answers
449 Consultations
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You first secure the evidence for funding the purchase of this property by your husband.
With the help of the evidences secured as above, you may file a permanent injunction suit against your husband seeking to restrain him from alienating the remaining properties.
You may seek possession of the remaining properties on the basis of the funds transferred from your account for purchase and development of the hose property on the land purchase out of your funds.
Alternately you can file a declaratory suit also on the same lines stated above.
You should engage a prudent and skilled advocate who can file suit favoring your circumstance. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
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Sir, local lawers are not well versed with sections of IPC or Crpc .. Plz tell me some sections which can justify my claim of the aforesaid land.Can i fill an FIR in this regard in police station? .. when i approached police inspector he said it is not the matter of police ?? .. there is no such sections which i can use to file FIR.. The inspector said so ... plzz help me with some probable sections of IPC

There is no involvement of IPC or Cr.P.C in this case. 
The local police may not be cooperative on this subject because this is a civil matter. 
You have relief in civil court alone.
You can either file a declaratory suit with an application for injunction or an injunction suit restraining him from alienating the remaining properties.
If you feel that your husband has cheated you, then you can file a complaint with the police for the offences of cheating.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
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For the last 13 years you  have no complaint for using your money and also he register the land in his name. Now raising a complaint  is not sustainable. So think about the alternative remedy. 

File a civil suit with a relief sought against your husband is declaration and injunction not to alienate  the remaining properties.You have to show the evidence that property purchased by your money.
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1. As per Islamic Law your husband can marry four times which you can not stop legally,

2. You can file a declaratory suit claiming ownership of the building which has been constructed with the help of your money by submitting evidence to prove that you had paid him all the money you received by selling your the said paternal property,

3. It is not a police case up till now.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Your husband has not yet committed any criminal offence to prompt the police to interfere,

2. It is a Civil Case which you shall have to file before the Civil Judge.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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